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Illinois State Bar Association Mutual Insurance Co. v. Coregis Insurance Co.12/16/2004
ine applies to bar Coregis from raising policy defenses or whether Coregis operated under a conflict of interest which would preclude Coregis from raising policy defenses. See State Farm, 332 Ill. App. 3d at 37-38 (stating that whether a policy was properly voided based upon a material misrepresentation must be decided before any issue as to whether the estoppel doctrine applies to bar an insurer from raising a policy defense).
For the aforestated reasons, while we find that the circuit court's ruling that the policy between Hubka and Coregis was void ab initio was erroneous, the policy was voidable and Coregis properly exercised its right to rescission based upon Hubka's material misrepresentation. We, therefore, affirm the entry of summary judgment for Coregis.
Affirmed.
REID, P.J., and THEIS, J., concur.
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